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A church sends a group of 30 children to a lake for an afternoon of swimming. While five adult chaperones were scheduled to accompany the group, three of them were unable to go along because of last minute conflicts. The senior pastor decides to let the group go anyway, with only two adult chaperones. A child drowns while at the lake. Can the church be legally responsible for the child's death? If so, on what basis?

Take the quiz first, then read the article for all the details.

1. An adolescent boy is injured while playing in a church-sponsored basketball game. The minor's parents sue the church, claiming that it is responsible for their child's injuries. The most likely basis of church liability would be negligent selection.
   True or False
2. A 10-year-old boy is injured when he falls off a cliff while participating in a church-sponsored camping trip. The minor's mother sues the church, claiming that it is responsible for her child's injuries. The most likely basis of church liability would be assault and battery.
   True or False
3. Pastor Steve is the youth pastor at his church. He takes 23 children swimming at a nearby lake. There were no other adult supervisors and no life guards were on duty. One of the children drowns. If the victim's parents sue the church, it is unlikely that the church would be found liable.
   True or False
   
   
4. A church's organized children's activity ("children's church") is released prior to the end of the adult worship service. A 6-year-old child wanders out of the church building and is struck by a car while crossing a nearby street. The church may be liable for the child's injuries on the basis of negligent supervision.
   True or False
   
   
5. A church operates a nursery during morning worship services. During one service, the nursery is staffed by two 13-year-old girls. An infant breaks her leg when she falls off a diaper changing table during a diaper change. The church cannot be liable under these circumstances since the accident was unavoidable.
   True or False
   
   

Churches can use reasonable care in selecting workers, but still be liable for injuries sustained during church activities on the basis of negligent supervision. The term negligence means carelessness or a failure to exercise reasonable care. Negligent supervision, then, refers to a failure to exercise reasonable care in the supervision of church workers and church activities. Churches have been sued on the basis of negligent supervision in a variety of contexts, but the most common examples are the molestation of children, sexual misconduct between clergy and adult counselees, and injuries to adults and minors on church property or during church-sponsored trips.

Several courts have concluded that they are not barred by the first amendment from finding churches liable on the basis of negligent supervision for the sexual misconduct of pastors. Here are some procedures that some churches have implemented to reduce this risk:

1. Require a third person to be present during all opposite sex counseling sessions.

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